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Click here for the full text of this decision FACTS:Nations Rent of Texas filed a suit on sworn account against Bench Company Inc., seeking payment of approximately $13,000 in invoices. Bench filed a general denial and a motion to transfer venue on Feb. 18, but no hearing for the venue motion was set. Nations Rent filed a motion for summary judgment on March 7, and set the motion for a hearing on April 11. Bench did not respond to the motion for summary judgment, but on March 28, Bench requested a hearing date on its motion to transfer venue. The venue motion was set for May 30. At the April 11 summary judgment hearing, Bench filed a motion for continuance arguing the court needed to rule on the motion to transfer venue before addressing the summary judgment motion. Bench requested the summary judgment hearing be reset for May 30, at the same time as the motion to transfer venue. Bench never asked for a hearing on its motion for continuance, however, and never got a ruling on the motion from the trial court. Bench did not appear at the hearing and the trial court granted judgment in favor of Nations Rent. Bench filed a motion for new trial arguing, again, that the trial court was required to hear the motion to transfer venue before ruling on the motion for summary judgment. The motion for new trial was overruled by operation of law. Bench appealed. HOLDING:Affirmed. Pursuant to Texas Rule of Civil Procedure 87, Nations Rent was entitled to at least 45 days notice of the hearing on the motion to transfer venue. It would not have been proper for the trial court to schedule the venue motion to be heard before the April 11 hearing on the motion for summary judgment. To preserve its right to have its venue motion determined before the summary judgment hearing, it was incumbent upon Bench to either request a continuance of the summary judgment hearing or seek leave of court to have the venue motion heard earlier by requesting the 45-day notice period be shortened. OPINION:Joseph B. Morris, J.; Morris, Whittington and James, JJ.

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